Section 204 – Claims against the fund — Requirements to make a claim — Qualifications to receive compensation — Qualifications to receive a certificate of compliance.
Effective 5/9/2017 38-11-204. Claims against the fund — Requirements to make a claim — Qualifications to receive compensation — Qualifications to receive a certificate of compliance. (1) To claim recovery from the fund a person shall: (a) meet the requirements of Subsection (4) or (6); (b) pay an application fee determined by the division under […]
Section 205 – Subrogation.
38-11-205. Subrogation. (1) (a) (i) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund. (ii) Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant’s claim against the fund shall be assigned […]
Section 206 – Limitations on fund balance.
Effective 5/8/2018 38-11-206. Limitations on fund balance. By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes: (1) the amount of money in the fund, including the encumbered fund balance; (2) an estimate of when the fund will have insufficient […]
Section 207 – Reimbursement to the fund.
38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or a qualified beneficiary failing to pay qualified beneficiaries: (a) the division shall issue a notice of the disbursement from the fund and the […]
Section 301 – Registration as a qualified beneficiary — Initial regular assessment — Affidavit.
Effective 5/8/2018 38-11-301. Registration as a qualified beneficiary — Initial regular assessment — Affidavit. (1) A person licensed as of July 1, 1995, as a contractor under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularly engage in providing qualified services shall be automatically registered as a […]
Section 109 – Severability clause.
38-11-109. Severability clause. If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provision. Enacted by Chapter 193, 1999 General Session
Section 110 – Issuance of certificates of compliance.
38-11-110. Issuance of certificates of compliance. (1) (a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: (i) that the owner is in compliance with Subsections 38-11-204(4)(a) and (b); or (ii) subject to Subsection (2), that the owner […]
Section 201 – Residence Lien Recovery Fund.
Effective 5/12/2020 38-11-201. Residence Lien Recovery Fund. (1) There is created an expendable special revenue fund called the “Residence Lien Recovery Fund.” (2) The fund shall earn interest. (3) The division shall employ personnel and resources necessary to administer the fund and shall use fund money in accordance with Sections 38-11-203 and 38-11-204 and to […]
Section 202 – Payments to the fund.
Effective 5/12/2020 38-11-202. Payments to the fund. Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be supported by special assessments and will be solely supported by: (1) fees determined by the division under Section 63J-1-504 collected from laborers under Subsection 38-11-204(7) when the laborers obtain a recovery from the fund; […]
Section 203 – Disbursements from the fund — Limitations.
Effective 5/8/2018 38-11-203. Disbursements from the fund — Limitations. (1) A payment of any claim upon the fund by a qualified beneficiary shall be made only upon an order issued by the director finding that: (a) the claimant was a qualified beneficiary during the construction on a residence; (b) the claimant complied with the requirements […]